Vincent v. Vineyard
Montana Supreme Court
Appeal from District Court, De&r' Lodge County; Theo. Drcmtly, Judge. Action by Peter Vincent against Gordon C. Vineyard and others to recover as assignor of a homestead mortgage. From a judgment in favor of the plaintiff, defendants appeal. Statement of the Case. This appeal is from a judgment entered in an action upon a note and mortgage made by the defendants Vineyard to one Carroll, and by him assigned to the plaintiff.
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Appeal from District Court, De&r' Lodge County; Theo. Drcmtly, Judge. Action by Peter Vincent against Gordon C. Vineyard and others to recover as assignor of a homestead mortgage. From a judgment in favor of the plaintiff, defendants appeal. Statement of the Case. This appeal is from a judgment entered in an action upon a note and mortgage made by the defendants Vineyard to one Carroll, and by him assigned to the plaintiff. The following facts appear: On the 1st day of April, 1892, a judgment for 02,170 and costs in favor of Dellinger, one of the defendants, against the defendants Vineyard,…
1Opinion of the CourtJustice Piqott
The error assigned is that the district court adjudged the mortgage of Vincent to be a lien superior to the judgment of Dellinger, whereas the judgment should have been ranked superior to the mortgage and next below the homestead exemption of $2,500. The single question,^ therefore, is whether the lien of the docketed judgment attached to the land selected as a homestead for its value over $2,500, the amount of the homestead exemption. Dellinger contends that the judgment became a lien upon the land on the 1st day of April, 1892, when it was docketed, and remained such lien ever thereafter,…
2Cases cited5 opinions
- Macke v. ByrdSupreme Court of Missouri · 1895
- Lubbock v. McMannCalifornia Supreme Court · 1889
- Sanders v. RussellCalifornia Supreme Court · 1890
- Yerrick v. HigginsMontana Supreme Court · 1899
- Barrett v. SimsCalifornia Supreme Court · 1881
3Cited by5 opinions
- Finerty v. First Nat. Bank of DuncanSupreme Court of Oklahoma · 1923
- Union Oil Co. v. Norton-Morgan Commercial Co.Arizona Supreme Court · 1922
- Boggs v. DunnCalifornia Supreme Court · 1911
- Gordon v. DeavittSupreme Court of Vermont · 1910
- In re LehfeldtDistrict Court, D. Montana · 1915